GRANDHI POTHURAJU Vs. PADMANABHUNI VISWESWARARAO

JUDGEMENT

(1.) This revision under Sec. 115 CPC is filed against the order, dtd. 15/4/2024, dismissing I.A.No.180 of 2023 in I.A.No.310 of 2022 in O.S.No.35 of 2014 on the file of the Court of the Senior Civil Judge, Narsipatnam, filed by the plaintiff under Sec. 5 of the Limitation Act to condone delay of 116 days in filing petition to restore I.A.No.309 of 2022 in the above suit.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the respondents No.6, 7 and 9. The respondent Nos.1, 3 and 5 died. Notice sent to the respondent No.2 was returned un-served as 'addressee cannot be located', notices sent to the respondents 8, 10 and 11 were returned un-served as 'addressee left without instructions' and notices sent to respondents 12 and 13 were returned un-served as refused. Before the trial Court, the respondents remained ex parte and therefore, further notices to respondents No.2, 8, 10 and 11 were dispensed with.

(3.) The facts, briefly stated, are as follows: